Helpful Commercial Leasing,
Arbitration and Mediation Tips 
  
By: Harvey M. Haber (Ret.), Q.C., LSM, J.D., C. Arb, C.MED 
 
  
  GSNH Logo       Harvey Haber Image
I would like to inform my loyal readers that as of October 30, 2015 I officially retired as a practising lawyer at Goldman Sloan Nash & Haber LLP.

As one door closes another often opens, so I am happy to announce that I have joined Coe ADR Management as a panel member, acting solely as a mediator or arbitrator.  

In addition, if anyone would like my services as a mediator or arbitrator, please call COE ADR Management, and speak to Marjorie Coe, at 416 363 2977 or mcoe @rogers.com, or if you wish to reach me directly, my new email address is: harveyhaber@bellnet.ca
   
Kind regards, Harvey M. Haber (Ret.), Q.C., LSM    
December 2015 Tips
 
Site Plan
On the Landlord's site plan, indicate that the area hatched in black sets out the approximate location of the leased premises. Why? Because the Landlord does not want a misrepresentation action against the Landlord in which the Tenant argues that the hatched area is not the exact location of the leased premises. A change in layout of the development may have caused a slight change in the location of the leased premises.

Approximate Location
Change the offer to lease or the lease so that the Tenant's premises is shown cross-hatched in black on the site plan rather than being outlined in red. Why? Because when running copies of the offer to lease or the lease to be signed, it's often forgotten to outline the premises in red on the site plan. If the premises are shown cross-hatched in black, then there is no worry as the photocopy clearly picks this up - whether you make one or one hundred copies!

Use Clause
When drafting a use clause for insertion into the landlord's lease, carefully examine each of the items the tenant seeks to sell in its premises. Why? Because the Landlord wants to (i) avoid overlap among the landlord's tenants, (ii) keep a good tenant mix, and (iii) make sure that the Landlord does not breach any exclusive covenant given by the landlord to another tenant.
Harvey Haber Image  
Harvey M. Haber (Ret.), Q.C., LSM 
 
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For more than 35 years, Goldman Sloan Nash & Haber (GSNH) LLP has helped leading businesses, entrepreneurs and individuals successfully navigate the maze of corporate & commercial law to help protect and grow their businesses. Our mid-sized law firm is based in downtown Toronto and provides advice across all major practice areas including:

Harvey Haber's Commercial Leasing Books

People frequently ask where they can purchase my books on Commercial Leasing. 

 

If you are interested in my books, please access the Canada Law Book brochures with order forms here.

 

Harvey's New Book

To access the brochure and order form for my new book, The Commercial Lease: A Practical Guide, Fifth Edition, click here.